The Crime of Solicitation in Georgia

1

Statute

With the intent that another person engage in conduct constituting a felony, he solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct. O.C.G.A. 16-4-7(a). It is no defense that the person solicited could not be guilty of the crime solicited. Id. at (c).c500a

2

Caselaw

Only a relatively overt statement or request intended to bring about action on the part of another person will bring a defendant within the statute. The intent can be shown by the words, their context, and other circumstances. English v. State, 290 Ga. App. 378 (2008). The phrase "or otherwise" is construed as meaning "or otherwise creates a clear and present danger of such other person perpetrating a felony." State v. Davis, 246 Ga. 761 (1980).

3

Penalty

Crimesolicited punishable by life imprisonment or death, then 1 to 5Y.
Crime solicited is a felony, then 1 to 3Y.
O.C.G.A. 16-4-7(b).
Soliciting sodomy, then Misdemeanor.
Solicit sodomy from person under the age of 18 for money, then 5 to 20Y and $2,500 to 10K fine.
O.C.G.A. 16-6-15.